Destin, FL asked in Real Estate Law for Florida

Q: Can I claim an abandoned home?

I’ve lived in the home for 2 years after noticing it was abandoned. I’d like to try to own it. Is this possible?

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2 Lawyer Answers
Phillip William Gunthert
Phillip William Gunthert
Answered
  • Orlando, FL
  • Licensed in Florida

A: No, you will not be able to take ownership of the property simply based on the fact that you moved in. You need to find out via deed who owns the property and or through probate and then deal with them. If you are thinking about Adverse Possession type scenario the answer is still absolutely no, I encourage you to look up the statute, in part listed below for reference, as you can see, you cannot even get past the initial part of the requirements for adverse possession, and it is much more complicated than this. You really would need to find the owners and try to work out a purchase. Alternatively, you could check on the taxes and see if there is any type of a tax deed sale that may commence or has commences related to the property.

ADVERSE POSSESSION

Florida Statute 95.18 Real property actions; adverse possession without color of title.—

(1) When the possessor has been in actual continued possession of real property for 7 years under a claim of title exclusive of any other right, but not founded on a written instrument, judgment, or decree, or when those under whom the possessor claims meet these criteria, the property actually possessed is held adversely if the person claiming adverse possession:

Terrence H Thorgaard agrees with this answer

Terrence H Thorgaard
Terrence H Thorgaard
Answered
  • Freeeport, FL
  • Licensed in Florida

A: Florida actually has two adverse possession statutes; both of them require the adverse possessor to have some sort of a claim of title. Note that claim of title is different than "color of title", i.e.: a written instrument, etc.

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